Common use of Trust Moneys Not Subordinated Clause in Contracts

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust under Article 8 hereof by the Trustee for the payment of principal of and interest on the Notes shall not be subordinated to the prior payment of any Senior Debt of the Company or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt of the Company or any other creditor of the Company.

Appears in 13 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (Transdigm Inc)

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Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust under Article 8 hereof Eight by the Trustee and which were deposited in accordance with the terms of Article Eight and not in violation of Section 10.03 for the payment of principal of and interest on the Notes Securities shall not be subordinated to the prior payment of any Senior Debt of the Company Indebtedness or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereofTen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt of the Company Indebtedness or any other creditor of the Company.

Appears in 7 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Employment Agreement (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities Obligations held in trust under Article 8 hereof by the Trustee for the payment of principal of and interest on the Notes shall not be subordinated to the prior payment of any Senior Debt of the Company or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt of the Company or any other creditor of the Company.

Appears in 4 contracts

Samples: Indenture (Polypore International, Inc.), Indenture (Daramic, LLC), Indenture (Polypore International, Inc.)

Trust Moneys Not Subordinated. Notwithstanding ------------------------------ anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust under Article 8 hereof by the Trustee for the payment of principal of and interest on the Notes Securities shall not be subordinated to the prior payment of any Senior Debt Indebtedness of the Company or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof8, and none of the Holders Securityholders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt Indebtedness of the Company or any other creditor of the Company.

Appears in 3 contracts

Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, Cbre Holding Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust under Article 8 hereof by the Trustee for the payment of principal of and interest on the Notes Securities shall not be subordinated to the prior payment of any Senior Debt Indebtedness of the Company or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof8, and none of the Holders Securityholders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt Indebtedness of the Company or any other creditor of the Company.

Appears in 3 contracts

Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust under Article 8 hereof Eight by the Trustee and which were deposited in accordance with the terms of Article Eight and not in violation of Section 10.03 for the payment of principal of and interest on the Notes Securities shall not be subordinated to the prior payment of any Senior Debt of the Company Indebtedness or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereofTen, and none of the Holders Securityholders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt of the Company Indebtedness or any other creditor of the Company.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc

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Trust Moneys Not Subordinated. Notwithstanding ----------------------------- anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust under Article 8 hereof by the Trustee for the payment of principal of of, and interest on and liquidated damages, if any, on, the Notes shall not be subordinated to the prior payment of any Senior Debt of the Company Indebtedness or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof10, and none of the Holders Noteholders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt Indebtedness of the Company or any other creditor of the Company.

Appears in 1 contract

Samples: Iron Age Corp

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of Government Securities held in trust under Article 8 hereof by the Trustee for the payment of principal of and interest on the Notes shall not be subordinated to the prior payment of any Senior Debt of the Company Issuer or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof, and none of the Holders shall be obligated to pay over any such amount to the Company Issuer or any holder of Senior Debt of the Company Issuer or any other creditor of the CompanyIssuer.

Appears in 1 contract

Samples: TransDigm Group INC

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from money or the proceeds of U.S. Government Securities Obligations held in trust under Article 8 hereof by the Senior Subordinated Notes Trustee for the payment of principal of and interest on the Senior Subordinated Notes shall not be subordinated to the prior payment of any Senior Debt Indebtedness of the Company or subject to the restrictions set forth in this Article 10 if the provisions of this Article 10 were not violated at the time funds were deposited in trust with the Trustee pursuant to Article 8 hereof10, and none of the Holders Senior Subordinated Noteholders shall be obligated to pay over any such amount to the Company or any holder of Senior Debt Indebtedness of the Company or any other creditor of the Company.

Appears in 1 contract

Samples: Indenture (Wesco Distribution Inc)

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